Jurisdiction Question

[aw6196]

What is the name of your state? NJ

I have had a criminal complaint filed against me, and I believe it was filed in the wrong jurisdiction.

Despite the fact that the complaint is totally bogus, my first concern is making sure my right to have this case heard in the proper jurisdiction is not violated (since I suspect the accuser has 'connections' in the jurisdiction where he filed the claim).

Despite my trying, I am unable to find statutes and/or laws that can tell me (1) how jurisdiction is calculated/determined, and (2) how I can defend my right to have the case heard in the proper jurisdiction (what statutes can I site to the judge, for example).

Also, I am wondering if I am able to appeal the decision based on the jurisdiction being incorrect if I am unsuccessful in getting the jurisdiction moved to its proper place.

Can anyone give me guidance as to where to find the laws/statutes that would describe these things, and share any experiences that might help my in this pursuit.

Thanks -

 

[seniorjudge]

You're exceptionally vague, so, since you will not give us facts and details, I will just tell you that the general rule (with many exceptions) is that the jurisdiction for a criminal case is the place where the crime happened.

 

[aw6196]

Thanks for your reply.

Well, I tried to keep it simple, but here are general facts if it helps to narrow it down (I have posted pieces of this in other areas of this site, which is why I neglected to post here again):

1. We hired contractor to do tree service
2. He damaged our property severely with his machinery
3. Said he would be back to fix, but I was suspicious since the damage seemed so enormous (half of my property was torn apart), so I asked him not to deposit check until he came back - he gave no commitment, so to protect myself, I put stop payment until he returned to fix.
4. After 10 weeks, instead of returning to fix, he filed criminal charges against me for theft.

I know it sounds ridiculous, but they (police) accepted the claim (which is why I believe he is 'connected' in that town). I have his statement, and he basically told them that I "told him he could damage my property", which is a lie of course. So now I am faced with proving I am not a thief (I feel bullied, and would like to file charges againt him for harrasment, but don't know enough about the law to know if I can do that or HOW to do it).

Regarding jurisdiction: We live in townA. Service was performed in townA. Our bank is in townA. we made the (verbal) agreement for service and repair in townA. He filed criminal compaint in townB (where he lives) and they accepted the claim. Everyone is telling me it belongs in townA, but I have nothing to bring to the judge, other than to say "everyone tells me this belongs in townA" -- I doubt that will work.

What I need is to know if that is the proper jurisdiction, and if not, what 'evidence' or statue(s) can I provide when I am in court to make the judge move it to the proper jurisdiction.

 

[seniorjudge]

Are these STATE charges or municipal charges?

You really need a lawyer and as soon as possible.

 

[aw6196]

He filed the claim at the police department where he lives (municipal). They submitted it to state, but the state kicked it back to the municipality to be heard in municipal court. So, I am not sure how to answer you question other than to give you those facts.

I would like to get an attorney, but the expense is prohibitive (hence why I am here fishing around).

Are you able to tell me if this sound suspicious, or, am I a theif now?

Any additional info on the jurisdiction would be appreciated as well (like for example, if I am a thief, am I a thief in townA (my town) or townB (where he lives)).

Thanks again for your response.

 

[aw6196]

Thanks Jef, I agree and wish it was an option, but the costs of an attorney are prohibitive right now (otherwise, I would not be posting here).

The judge did not force me so far to have an attorney (I appeared once, and had it postponed because I had not yet received the police report I requested). I tried to make a case of jurisdiction at that point, but he said they would hear it there (in townB). The best I can tell, he was satisfied that the accuser lived in townB, although I am told that has no bearing on jurisdiction determination (can you verify?).

I wonder if you are able to help with the jurisdiction question though -- any info on that you can give me? How is jurisdiction determined in NJ, and how can I fight it?

Also, can we appeal a decision based on wrong jurisdiction? The police filing from the charge states quite clearly that I am being charged with committing a crime in townB, although if it is in fact a crime (is it?), it was in townA and not townB.

And lastly -- am I a thief now (is what I did actually "theft of service"?). Here is the number of the crime I am being accused of commiting: (N.J.S.A. 2C:20-8a)

According to this document, to be guilty of this, I need to have done the following 4 things:

(1) that defendant purposely obtained a service.
(2) that defendant knew the services were available only for compensation.
(3) that defendant obtained the services by deception (or threat, or by a false token, etc.).
(4) that defendant’s purpose was to avoid payment.

I certainly match with #1 and #2, but not #3 and #4.

Therefore, I am proceeding with the belief that I did NOT commit theft, but, if I did, I would rather just pay the check. I have already filed a small claim against him in the meantime, which I presume I will win.

Thanks -